Da possível (in)constitucionalidade do instituto da mutatio libelli: uma análise principiológica e normativa

Abstract

This bachelor thesis has set as its goal to analyse the guiding principles of the brazilian penal procedures, as well as the fundamental garanties given by the Federal Constitution and its implications in the Mutatio Libelli institute and as final scope to criticizes the use of the latter as a subterfuge for the inefficiency of the state to prove the facts alleged by itself. The following study is based on the analysis of the relevant legislations in the matter, notably the Federal Constitution of 1988, the Code of Criminal Procedure, the law 11.719 of 2008, as also the fundamental principles of the Democratic State of Law.